Sarmiento v. Rackley
Filing
20
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/29/2016 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
SAMUEL SARMIENTO,
12
13
14
No. 2:15-cv-0364 KJM CKD P
Petitioner,
v.
FINDINGS AND RECOMMENDATIONS
RONALD RACKLEY,
15
Respondent.
16
17
By order filed January 7, 2016, the petition in this action was dismissed for lack of habeas
18
corpus jurisdiction. Petitioner was granted thirty days to submit an amended complaint pursuant
19
to 42 U.S.C. § 1983, along with the balance of the filing fee or an application to proceed in forma
20
pauperis. Petitioner was advised that failure to file an amended complaint would result in the
21
dismissal of this action. More than six months have passed, and petitioner has not responded to
22
the court’s order.
23
24
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
25
These findings and recommendations are submitted to the United States District Judge
26
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
27
after being served with these findings and recommendations, petitioner may file written
28
objections with the court. The document should be captioned “Objections to Magistrate Judge’s
1
1
Findings and Recommendations.” Petitioner is advised that failure to file objections within the
2
specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
3
F.2d 1153 (9th Cir. 1991).
4
Dated: July 29, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
5
6
7
8
9
2/sarm0364.fta.hab
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?